Introducing ATLASLearn more
Legal Opinion

James Banyard v. National Labor Relations Board, McLean Trucking Company, Intervenor. Clay D. Ferguson v. National Labor Relations Board

Court of Appeals for the D.C. Circuit

Decided August 14, 1974No. 73-1609, 73-1610PublishedCited by 55 opinions

1Opinion of the Court

WILKEY, Circuit Judge:

These consolidated petitions 1 for review of orders 2 of the National Labor Relations Board call into question the Board’s application of its Spielberg3 and Collyer4 doctrines. Because we find the Board has erroneously applied those doctrines in these cases, we remand for further proceedings.

I

Banyard’s Case

James Banyard worked as a truck driver for McLean Trucking Company and its predecessor for 22 years and also served as the Union’s5 appointed shop steward since 1955. He was fired on 7 October 1969 for refusing to drive a truck admittedly overloaded in violation of…

2Cases cited5 opinions

  1. Gateway Coal Co. v. United Mine WorkersSupreme Court of the United States · 1974
  2. Associated Press v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1974
  3. Local Union No. 2188, International Brotherhood of Electrical Workers v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1974
  4. Local Union No. 715, International Brotherhood of Electrical Workers, Afl-Cio v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1974
  5. Local Union No. 2188, International Brotherhood of Electrical Workers, Afl-Cio v. National Labor Relations Board, Western Electric Company, Inc., Intervenor. Local Union No. 1974, International Brotherhood of Electrical Workers, Afl-Cio v. National Labor Relations Board, Western Electric Company, Inc., IntervenorCourt of Appeals for the D.C. Circuit · 1974

3Cited by55 opinions

  1. National Labor Relations Board v. Pincus Brothers, Inc.-MaxwellCourt of Appeals for the Third Circuit · 1980
  2. National Labor Relations Board v. The Columbus Printing Pressmen & Assistants' Union No. 252, Subordinate to Ip& GcuCourt of Appeals for the Fifth Circuit · 1976
  3. Consolidated Freightways v. National Labor Relations Board, Charles Hennessey, IntervenorCourt of Appeals for the D.C. Circuit · 1981
  4. Hawaiian Hauling Service, Ltd. v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1976
  5. Arthur N. Stephenson v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1977

50 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API